OnTarget 2009

END USER LICENSE AGREEMENT

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THIS SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE SOFTWARE. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN THIRTY (30) DAYS AFTER YOUR PURCHASE, YOU MAY CONTACT REDBOW SOFTWARE TO REQUEST A FULL REFUND OF THE PURCHASE PRICE. OBTAIN CONTACT INFORMATION FOR REDBOW SOFTWARE FROM WWW.REDBOWSOFTWARE.COM.

This software program, and any files that are delivered to you by RedBow Software (via on-line transmission or otherwise) to “patch,” update, or otherwise modify the software program, as well as any printed materials and any on-line or electronic documentation (the “User Manual”), and any and all copies and derivative works of such software program and User Manual (collectively, with the “SOFTWARE Client” defined below, the “SOFTWARE”) is the copyrighted work of RedBow Software or its licensors (collectively referred to herein as “RedBow”). Any and all uses of the SOFTWARE are governed by the terms of this End User License Agreement (the “License Agreement” or “Agreement”). The SOFTWARE is distributed solely for use by authorized end users according to the terms of this License Agreement. Any use, reproduction, modification or distribution of the SOFTWARE not expressly authorized by the terms of the License Agreement is expressly prohibited.
Grant of a Limited Use License.

If you agree to this License Agreement, you may install the computer software (hereafter referred to as the “SOFTWARE Client”) onto your computer for purposes of using the SOFTWARE. Subject to your agreement to and continuing compliance with this License Agreement, RedBow hereby grants, and you hereby accept, a limited, non-exclusive license to (a) install the SOFTWARE Client on one computer owned by you or under your legitimate control, and (b) use the SOFTWARE Client. All use of the SOFTWARE Client is subject to this License Agreement and to the Terms of Use agreement, both of which you must accept before you can use your Account to play the SOFTWARE.

INSTALLATION AND USE RIGHTS. Before you use the software under a license, you must assign that license to one device (physical hardware system). That device is the “licensed device.” A hardware partition or blade is considered to be a separate device.

Licensed Device. You may install one copy of the software on the licensed device. You may use the software on up to two processors on that device at one time. You may not use the software on any other device. RedBow Software is licensed “per licensed device,” sometimes also referred to as “user.” A license must be purchased for each individual “licensed device” or “user.” You must have one legally purchased license for each “licensed device” or “user” running the software.

Number of Users. Only one user may use the software at a time.Multiplexing. Hardware or software you use to pool connections, or reduce the number of devices or users that directly access or use the software (sometimes referred to as “multiplexing” or “pooling”), does not reduce the number of licenses you need.
Additional License Limitations.

The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the “License Limitations”). Any use of the SOFTWARE in violation of the License Limitations will be regarded as an infringement of RedBow’s copyrights in and to the SOFTWARE. You agree that you will not, under any circumstances: A. in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the SOFTWARE; provided, however, that you may make one (1) copy of the SOFTWARE Client and the User Manuals for archival purposes only;

B. use automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the OnTarget experience;

C. exploit the SOFTWARE or any of its parts, including without limitation the SOFTWARE Client, for any commercial purpose.

D. use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through the SOFTWARE or the Service, including without limitation any software that reads areas of RAM used by the SOFTWARE to store information about a character or the SOFTWARE environment; provided, however, that RedBow may, at its sole and absolute discretion, allow the use of certain third party user interfaces;

E. modify or cause to be modified any files that are a part of the SOFTWARE Client in any way not expressly authorized by RedBow;

F. host, provide or develop matchmaking services for the SOFTWARE or intercept, emulate or redirect the communication protocols used by RedBow in any way, for any purpose;

G. facilitate, create or maintain any unauthorized connection to the SOFTWARE or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by RedBow; or

H. sell, grant a security interest in or transfer reproductions of the SOFTWARE to other parties in any way not expressly authorized herein, or rent, lease or license the SOFTWARE to others.
Ownership.

A. All title, ownership rights and intellectual property rights in and to the SOFTWARE and all copies thereof (including without limitation any titles, computer code, themes, objects, concepts, artwork, animations, sounds, musical compositions and recordings, audio-visual effects, methods of operation, moral rights, and any related documentation) are owned or licensed by RedBow. The SOFTWARE is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The SOFTWARE may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.

B. You may not permanently transfer all of your rights and obligations under the License Agreement to another.
Pre-Loaded Software.

The media or digital software file by which the SOFTWARE Client is distributed may contain additional software and/or content for which you do not have a license (the “Locked Software”), and you agree that RedBow may install the Locked Software onto your hard drive during the SOFTWARE Client installation process. You also agree that you will not access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble, decompile any Locked Software, or create any derivative works based on the Locked Software, until and unless you receive from RedBow (a) a license to use that software; and (b) a valid alphanumeric key with which to unlock it. If you receive a license and a key from RedBow, you may only unlock those portions of a single copy of the Locked Software for which you received a license. The terms of the End User License Agreement displayed after the Locked Software is unlocked will replace and supersede this Agreement, but only with regard to the Locked Software for which you receive a license. Notwithstanding anything to the contrary herein, you may make one (1) copy of the Locked Software for archival purposes only.

Consent to Monitor.

WHEN RUNNING, THE SOFTWARE MAY MONITOR YOUR COMPUTER’S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE SOFTWARE. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 2. IN THE EVENT THAT THE SOFTWARE DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THE SOFTWARE MAY (a) COMMUNICATE INFORMATION BACK TO REDBOW SOFTWARE, INCLUDING WITHOUT LIMITATION YOUR LICENSE KEY, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.

Termination.

This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) permanently destroying all copies of the SOFTWARE in your possession or control; (ii) removing the SOFTWARE Client from your hard drive; and (iii) notifying RedBow of your intention to terminate this License Agreement.

Export Controls.

The SOFTWARE may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Patches and Updates.

RedBow may deploy or provide patches, updates and modifications to the SOFTWARE that must be installed for the user to continue to use the SOFTWARE. RedBow may update the SOFTWARE remotely including without limitation the SOFTWARE Client residing on the user’s machine, without the knowledge of the user, and you hereby grant to RedBow your consent to deploy and apply such patches, updates and modifications.

Limited Warranty.

THE SOFTWARE (INLUDING WITHOUT LIMITATION THE SOFTWARE CLIENT AND USER MANUAL(S)) IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the SOFTWARE (including without limitation the SOFTWARE Client and Manual(s)) remains with the user. Notwithstanding the foregoing, RedBow warrants up to and including 30 days from the date of your purchase of the SOFTWARE that the media containing the SOFTWARE Client shall be free from defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to RedBow of proof of purchase of the defective media, RedBow will at its option (a) correct any defect, (b) provide you with a similar product of similar value, or (c) refund your money. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. Some states do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.

Limitation of Liability, Indemnity.

NEITHER REDBOW SOFTWARE NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE OR ANY USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER RedBow NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., ARMOR, POTIONS, WEAPONS, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE SOFTWARE AND/OR THE SERVICE. RedBow SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL RedBow BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. In no event shall RedBow’s liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) the total fees paid by you to RedBow during the six (6) months immediately prior to the time such claim arose. You hereby agree to defend, indemnify and hold RedBow harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys’ fees) incurred by RedBow arising out of or from your use of the SOFTWARE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

Equitable Remedies.

You hereby agree that RedBow would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that RedBow shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as RedBow may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

Changes to the Agreement.

RedBow reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement when RedBow upgrades the SOFTWARE Client, effective upon prior notice as follows: RedBow will post the revised version of this License Agreement on the RedBow Software website, and may provide such other notice as RedBow may elect in its sole discretion. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in compliance with this License Agreement, you may terminate this License Agreement in accordance with Section 6 herein. Your installation and use of any of RedBow’s updates or modifications to the SOFTWARE or your continued use of the SOFTWARE following notice of changes to this Agreement will demonstrate your acceptance of any and all such changes. RedBow may change, modify, suspend, or discontinue any aspect of the SOFTWARE at any time. RedBow may also impose limits on certain features or restrict your access to parts or all of the SOFTWARE without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the SOFTWARE.

Dispute Resolution and Governing Law.

A. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this License Agreement (”Dispute”), you and RedBow agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. RedBow will send its notice to your billing address and email you a copy to the email address you have provided to us. You will request a contact address through the RedBow Software website (www.redbowsoftware.com) where you may send your notice.

B. Binding Arbitration. If you and RedBow are unable to resolve a Dispute through informal negotiations, either you or RedBow may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (”AAA”) and, where appropriate, the AAAs Supplementary Procedures for Consumer Related Disputes (”AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this License Agreement, you and RedBow may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

C. Restrictions. You and RedBow agree that any arbitration shall be limited to the Dispute between RedBow and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

D. Exceptions to Informal Negotiations and Arbitration. You and RedBow agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or RedBow’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

E. Governing Law. Except as otherwise set forth herein, this License Agreement shall be governed by, and will be construed under, the Laws of the United States of America, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

F. Severability. You and RedBow agree that if any portion Section 15 is found illegal or unenforceable (except any portion of 15(D)) that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 15(D) is found to be illegal or unenforceable then neither you nor RedBow will elect to arbitrate any Dispute falling within that portion of Section 15(D) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction and you and RedBow agree to submit to the personal jurisdiction of that court.
Miscellaneous.

This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, provided, however, that this Agreement shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern. If any provision of this Agreement is found to be unenforceable, that provision shall be severed and the remainder of the Agreement shall be given full force and effect.

I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that by clicking “Accept” or installing the SOFTWARE Client I am acknowledging my agreement to be bound by the terms and conditions of this License Agreement.